ComplaintsforBunnell Realty

• Initial Complaint

  10/02/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I was on a joint lease with another tenant and split rent 50:50 for a property that Bunnell Realty manages. The other tenant wanted to break the lease. We contacted Bunnell and they told me that the other tenant could not get off the lease without my approval to end the joint lease. I said I would be in agreement when a replacement tenant was found but could not agree to take the tenant off until then. The other tenant moved out but continued paying rent until another tenant moved in (1.5 months after the move out). Now that there is a new tenant, the old tenant that moved out asked to be reimbursed for rent that was paid while not living in the home (2 months), but prior to new tenant moving in. Bunnell is now attempting to back charge me for 2 months of the original other tenant's rent that has already been paid. I would like the back charge to be taken off my account as I stated that I was not in agreement to end a joint lease until a new tenant moved in. Bunnell now claims that a joint lease never existed even though we discussed it many times and they told me that the tenant "had been added to the lease". If this is true, than this is fraud on the part of property management for lying to me about doing their job and incorrectly filing our joint lease.

  Business response

  10/03/2022

  Hi *****, I received your email and also contact from the Better Business Bureau. I can understand why youre confused about this situation. With the screenshot of the email you attached it indicated that I said there was an assumed joint lease and that we will have to be in mutual agreement to remove or add anybody to a joint lease. This is true if ******** was signed to the actual lease held by Bunnell Realty. If you can recall I contacted you after the email and indicated that after a review of your lease we did not add ******** to the actual lease and that ******** was subleasing from you under verbal agreement. This is 100% legal in the ***************** and is considered as a month to month lease. This is also a standard practice so all you would have to do is either give the tenant a ************************************************************* they can give a 30 day notice to you if any problems arise. I recall explaining this to you on the phone when we discussed her leaving the property you rent. Though, I can admit that with the amount of properties we manage I made a mistake and I originally thought it was a joint lease but but after review it was not, it was a sublease. With it being a sublease, we have no obligation to go after ******** for the funds if there are any owed. Since she had a sublease under you and did not sign directly with Bunnell Realty our hands are tied. However, with mutual agreement with the homeowner after your request to have your next roommate sign on to an existing lease through Bunnell Realty, it was agreed upon and we signed on *** (New Roommate). Since ******** emailed a 30 day notice of leaving the premises on 06/30/22, she was no longer obligated to pay half the rent starting 8/1/22. We have verified all of these protocols information with our real estate attorney. ******** contacted us informed us that she mistakenly had auto pay on her tenant portal still active and it was automatically taking the funds out of her bank. Even if we deactivate her tenant portal, previous tenants can still make payments in case there are funds due after they leave the premises. Bunnell has no control over tenants banking and automatic payment settings. ******** contacted her bank and has reversed those charges and that is what is reflected in your tenant ledger.
  Please let me know when you will be making that additional payment for those months rent. I understand that youre upset about the situation and I'm sorry for the confusion, it is definitely a financial strain to have to pay for a full months rent but this is something that occurs when looking for a new roommate. Please let me know if you have any questions. Hope you have a good rest your day.

  Customer response

  10/03/2022

   
  Complaint: 18156821
  
  I am rejecting this response because:

   

  Hi ****, 
  Im not confused about the situation. I understand that you made a paperwork error and did not file a lease correctly as was asked of you. To clarify, are you asking me to cover the financial burden of your mistake? 

   

  
  
  Sincerely,
  
  ***********************

  Business response

  10/06/2022

  Hi *****, can you provide me with any additional documentation or records of correspondence to show that Bunnell Realty is responsible for the 1/2 portions of August and September rent?  Bunnell Realty did not formally sign on ******** as a tenant to the existing lease and she subleased under you but the lease was filed and stored electronically in addition to a physical copy.  Please note you were also aware that ******** was subleasing under you before she gave her notice to vacate.  Thank you, hope you have a good day.

  Customer response

  10/28/2022

   
  Complaint: 18156821
  
  I am rejecting this response because:

  Hello ****, 

  No, I was not subleasing. This was never discussed prior to ******** moving in, nor during. I never asked to sublease, and was never informed that I would be subleasing, nor does there exist any written agreement regarding a sublease. ******** and I asked for a joint lease from the start which you agreed to (please see our first correspondence from December of last year). In fact, subleasing is explicitly prohibited in paragraph 18 of our lease provided by your company. ******** filled out a formal rental application with your company in late December, and always paid her portion of the rent directly to Bunnell leasing through your online tenant portal.

   

  According to my documents, I was informed that your lease with ******** was being completed on 1/24:

  "Hi *****, sorry for the delay in getting back with you. I just got over a bout with ***** and have been temporarily out of the office. I will be reaching out to her and send a lease with everything to sign her on."

   

  ******** confirmed that week to me that it had been done. Since you are a professional property manager and I am not, I trusted that what you said was in fact completed. All communication from you going forward always referred to our joint lease. 

   

  ******** communicated to me that she intended to move out 6/22:

  "I spoke with property management about ending the lease. I will be out by July 1. **** will be sending you a form to sign to break the joint lease. Any questions can be directed to him."

  
  
  

  I communicated that ******** intended to break her lease on 6/22 via text:

  "Hi ****, I was just informed that ******** is planning to move out next week. Was there a conversation or agreement made regarding the lease on this? Im not in a position to sign an end of joint lease with one weeks notice and understand that having both names on the lease makes us both financially responsible.

  
  
  

  You responded via voicemail 6/23:

   ******** reached out to me and asked if she could get released from the lease. With the mutual agreement of the homeowner, myself, you we can sign a tenant release form and then you would be the sole person on the lease. Without your signature we cant do that.

  
  
  

  To which I responded 6/23 via email: 

  "Hi ****, Thanks for the voicemail today. Im not in a position to sign an end of joint lease at this time, as unfortunately this one week timeline wasnt discussed between us. I was just made aware of ********* intentions yesterday."

   

  To which you responded 6/24 via email:

  "Hi *****, thanks for getting back with me.  I will be getting in touch with there owner today and discuss updates pertaining to this issue and that if this is a viable option.  We need the home owners permission to sign another joint lease or sublet the property with a replacement tenant.   Will be in touch, have a great day."

   

   

  ******** then continued paying rent until a replacement tenant was found. A tenant release form was never provided, nor signed. Upon the arrival of the new tenant, ******** apparently placed a charge back for 2 months of rent. You are now trying to charge me for this balance. This is entirely illogical and frankly unethical and I expect that you will resolve this issue promptly and professionally.

   

  The homeowner, ********, and myself believed there was a joint lease in place per your word and if your company (which is being paid to provide a specific service: leasing management) mismanaged the leases, then I expect you take ownership for that mistake. I was not subleasing, and I have always paid my rent on time and in full (please see ledger), and continue to do so. The two months of ********* rent are ********* responsibility. If you misplaced or failed to acquire her tenant lease then that certainly is not my responsibility. Please correct my portal balance and discontinue the harassing emails asking for payment that is not my responsibility. 

  
  
  Sincerely,
  
  ***********************

  Business response

  11/03/2022

  Hi *****, thank you for providing records of correspondence to me about this matter.  I will reverse the charges on your account.  Hope you have a nice day.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩